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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)

Citation
111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
Parent Document
111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
Jurisdiction
New York (state)
Effective Date
1981-09-15

Full Text

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The only remaining issue is the calculation of damages for these tenants. In the prior proceeding the court heard the uncontradicted expert testimony of an officer of a major real estate firm to assist it in calculating damages. Judge Gallet, noting the appalling conditions, found a diminution in the rental value of the apartments in question and the damages resulting from the landlord’s breach of the lease contract to be 55% for the months of December of 1979 and January and February of 1980, and 27% for the months of November of 1979 and March through November of 1980. The reduction in services was buildingwide: no passenger elevator service, no heat or hot water, inadequate cleaning and routine maintenance, the front door lock remained broken after notice of disrepair and irregular garbage collection and disposal.